Texas 2023 - 88th Regular

Texas Senate Bill SB2359 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R14636 BDP-F
2	2	By: Parker S.B. No. 2359
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the intellectual disabilities and
8	8	complex medical needs community support pilot program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 531, Government Code, is
11	11	amended by adding Section 531.0997 to read as follows:
12	12	Sec. 531.0997. INTELLECTUAL DISABILITIES AND COMPLEX
13	13	MEDICAL NEEDS COMMUNITY SUPPORT PILOT PROGRAM; REPORT ON PROGRAM.
14	14	(a) In this section:
15	15	(1) "Adult with a disability" means an individual who:
16	16	(A) has an intelligence quotient of 69 or below;
17	17	or
18	18	(B) has an intelligence quotient of 75 or below
19	19	and:
20	20	(i) mild to severe deficits in adaptive
21	21	behavior;
22	22	(ii) a chronic or acute medical condition
23	23	that requires continuous or frequent medical intervention; and
24	24	(iii) a need for substantial assistance in
25	25	meeting daily living needs.
26	26	(2) "Group home" means a residential facility that
27	27	provides support services to not more than four individuals with a
28	28	disability.
29	29	(3) "Intentional community" means a voluntary
30	30	residential community that is designed to support a shared way of
31	31	life and may include a cooperative housing community.
32	32	(4) "Pilot program" means the intellectual
33	33	disabilities and complex medical needs community support pilot
34	34	program established under this section.
35	35	(b) The executive commissioner by rule shall develop and
36	36	implement a pilot program to award grants to nonprofit
37	37	organizations for the purpose of increasing community-based
38	38	housing options for adults who have a disability and complex
39	39	medical needs by providing housing in intentional communities or
40	40	group homes and community support. The program must be operated in
41	41	two regions of this state, as determined by the commission.
42	42	(c) An adult with a disability is eligible to receive
43	43	housing in an intentional community or group home operated by a
44	44	nonprofit organization under the pilot program if the individual:
45	45	(1) is a resident of this state;
46	46	(2) is at least 18 years of age;
47	47	(3) is a Medicaid recipient or is eligible to receive
48	48	Medicaid;
49	49	(4) is considered medically fragile, as defined by
50	50	commission rule; and
51	51	(5) meets any other eligibility criteria the
52	52	commission establishes.
53	53	(d) The commission shall award grants to eligible nonprofit
54	54	organizations that serve local intellectual and developmental
55	55	disability authorities according to commission rules. Grant money
56	56	awarded under the program may only be used by an organization to:
57	57	(1) provide housing and services to adults with a
58	58	disability;
59	59	(2) cover an organization's costs related to
60	60	participating in the program, including the:
61	61	(A) costs of the construction of a group home or a
62	62	residential home within an intentional community;
63	63	(B) costs of the renovation of a group home or a
64	64	residential home within an intentional community;
65	65	(C) costs of recruiting and training employees
66	66	to:
67	67	(i) operate a group home or residential
68	68	home within an intentional community; and
69	69	(ii) provide services to an adult with a
70	70	disability living in the home; and
71	71	(D) supplemental costs of health care services
72	72	provided by a licensed health care professional to an adult with a
73	73	disability living in a home; and
74	74	(3) to the extent allowed by federal law, provide
75	75	Medicaid reimbursement at a rate set by the executive commissioner
76	76	by rule for the recruitment and training of employees described by
77	77	Subdivision (2)(C) and health care services provided under the
78	78	pilot program.
79	79	(e) Not later than November 1, 2028, the commission shall:
80	80	(1) evaluate the effectiveness of the pilot program,
81	81	considering:
82	82	(A) the quality of the homes provided;
83	83	(B) the quality of accessibility;
84	84	(C) the number of adults with a disability served
85	85	by a nonprofit organization;
86	86	(D) the quality of care provided by the
87	87	organizations;
88	88	(E) whether the program is cost-effective;
89	89	(F) how the program is integrated into the
90	90	community; and
91	91	(G) the satisfaction of program participants;
92	92	and
93	93	(2) submit a written report providing an evaluation of
94	94	the pilot program and a recommendation regarding whether the
95	95	program should be continued, modified, or terminated to the
96	96	governor, the lieutenant governor, and the standing committees of
97	97	the senate and house of representatives having primary jurisdiction
98	98	over Medicaid.
99	99	(f) The pilot program terminates and this section expires
100	100	September 1, 2029.
101	101	SECTION 2. As soon as practicable after the effective date
102	102	of this Act, the Health and Human Services Commission shall adopt
103	103	rules necessary to implement Section 531.0997, Government Code, as
104	104	added by this Act.
105	105	SECTION 3. If before implementing any provision of this Act
106	106	a state agency determines that a waiver or authorization from a
107	107	federal agency is necessary for implementation of that provision,
108	108	the agency affected by the provision shall request the waiver or
109	109	authorization and may delay implementing that provision until the
110	110	waiver or authorization is granted.
111	111	SECTION 4. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2023.